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julie mist
24-02-2010, 16:54 PM
i recently served notice to tenant under S8 Ground 1(b)

i failed to notice gas safety cert had expired.
Tenant brought in enviromental health.
EH gave 7 day notice ordering me to provide gas and electric certs.
certs now current. electric failed miserably but extensive repairs now complete.
gas cert warns of precarious piping but certified non the less.

Does my original notice stand?

tom999
24-02-2010, 18:56 PM
i recently served notice to tenant under S8 Ground 1(b)
....
Does my original notice stand?
If you mean Schedule 2, Part I, Ground 1(b) of The Housing Act 1988; then this is only applicable if notice was served in writing to the tenant before the tenancy began. Was it?

julie mist
24-02-2010, 20:17 PM
If you mean Schedule 2, Part I, Ground 1(b) of The Housing Act 1988; then this is only applicable if notice was served in writing to the tenant before the tenancy began. Was it?

no. notice not served in writing before the tenancy began.
if court is of the opinion that it is just and equitable to dispense with the requirement of notice, would recent but previous disrepair alter things?

jeffrey
25-02-2010, 10:53 AM
no. notice not served in writing before the tenancy began.
if court is of the opinion that it is just and equitable to dispense with the requirement of notice, would recent but previous disrepair alter things?
You're right (and Tom isn't). Ground 1 can be used even if no g1 Notice was served before the Letting started. However, although g1 is mandatory, it would be for the Court to decide if it wants to exercise its discretion to overlook lack of Notice. It might view the disrepair with disfavour.

julie mist
25-02-2010, 11:38 AM
so would my original served notice to quit still stand?

at what point will i know if discretion is in my favour?

jeffrey
25-02-2010, 11:56 AM
so would my original served notice to quit still stand?

at what point will i know if discretion is in my favour?
If there was no pre-letting g1 Notice, what you served has no impact; but you could ask Court to exercise its discretion.

tom999
25-02-2010, 12:05 PM
You're right (and Tom isn't). Ground 1 can be used even if no g1 Notice was served before the Letting started. However, although g1 is mandatory, it would be for the Court to decide if it wants to exercise its discretion to overlook lack of Notice. It might view the disrepair with disfavour.


If there was no pre-letting g1 Notice, what you served has no impact; but you could ask Court to exercise its discretion.

If there was a pre-letting g1 notice, this would most likely give OP mandatory possession; as there was none, it's not applicable (or at the very most, at the Court's discretion -but unlikely given the disrepair), which is what post #2 implies.

jeffrey
25-02-2010, 12:22 PM
OK. I misunderstood post #2; it seemed to suggest that g1 never applies unless a pre-letting Notice was served (which, we now agree, isn't so).

westminster
25-02-2010, 13:27 PM
If this is an assured shorthold tenancy, and you've complied with deposit protection requirements, serve a s.21 notice, then you won't have to rely on the court's discretion.

jeffrey
25-02-2010, 13:31 PM
If this is an assured shorthold tenancy, and you've complied with deposit protection requirements, serve a s.21 notice, then you won't have to rely on the court's discretion.
True, although the Notice period may be a problem for L.

julie mist
25-02-2010, 13:48 PM
no s20 so i think its assured tenancy.

westminster
25-02-2010, 13:54 PM
no s20 so i think its assured tenancy.

If tenancy began between 15 January 1989 and 27 February 1997 and no s.20 notice served, then it's an assured tenancy. Very hard to evict.

jeffrey
25-02-2010, 15:06 PM
If tenancy began between 15 January 1989 and 27 February 1997 and no s.20 notice served, then it's an assured tenancy. Very hard to evict.
1. All 1988 Act residential tenancies are Assured Tenancies.
2. Some are Assured Shorthold Tenancies.
3. The rest are Standard Assured Tenancies. That's probably what post #12 means.